BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 846
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 846 (Bonilla) - As Amended:  March 31, 2011 

          Policy Committee:                              Human 
          ServicesVote:4 - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill makes technical changes to foster youth identity theft 
          provisions of law. Specifically, this bill:

          1)Adds the Department of Social Services (DSS) to the list of 
            entities authorized to request credit reports on behalf of 
            foster youth in an effort to determine whether identity theft 
            may have occurred.

          2)Adds the Office of Information Security and Privacy Protection 
            (OISPP) to the entities tasked with compiling a list of 
            governmental agencies and nonprofit organizations permitted to 
            respond to possible identity theft on a foster youth's behalf. 


          3)Deletes the reference to an "approved counseling" 
            organization, and instead, inserts "a governmental or 
            nonprofit organization" that provides "information and 
            assistance" to victims of identity theft. 

          4)Authorizes the credit organization to take remedial action to 
            clear the foster youth's credit record and report the results 
            to the referring county or state department. 

           FISCAL EFFECT  

          Costs associated with this legislation are minor and absorbable 
          within existing resources. 
          
           COMMENTS  









                                                                  AB 846
                                                                  Page  2

           1)Purpose  . This bill is clean up to AB 2985 (Maze; Chapter 387, 
            Statutes of 2006), a bill that required a county welfare 
            department to request a consumer credit disclosure on a foster 
            youth turning 16, and to refer that foster youth to a credit 
            counseling organization upon any indication of a disclosure 
            revealing negative items or evidence of identity theft. This 
            bill removes references to requiring the organization to be an 
            "approved" counseling service and instead requires that youth 
            be referred to a governmental or nonprofit organization that 
            provides information and assistance with identity theft and 
            other credit problems. 

           2)Related Legislation  . This bill is substantially similar to AB 
            2698 (Block) of 2010 and AB 1324 (Bass) of 2009, which were 
            vetoed by the governor.  In his veto message he noted that the 
            original legislation had not been fully implemented and "if, 
            through the implementation, it becomes clear that foster youth 
            are not being served in the way the law intended, I would be 
            willing to reconsider this matter."

            AB 2985 (Maze; Chapter 387, Statutes of 2006) enacted existing 
            requirements for county welfare departments to request a 
            credit report for foster youth, upon turning 16 years of age, 
            and to refer foster youth to an approved organization that 
            provides counseling services to victims of identity theft if 
            identity theft was suspected or discovered.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081